3 Dec 1998
COMTEC COMPONENTS LTD. v. INTERQUIP LTD.
- Citation
- COMTEC COMPONENTS LTD. v. INTERQUIP LTD.
- Court
- Court of First Instance
- Case number
- HCA5749/1998
The court must refer the parties to arbitration and stay the court proceedings under Article 8 because a valid arbitration agreement exists and the HKIAC's prior refusal to appoint does not render the agreement incapable of performance; parties can agree an arbitrator, the HKIAC can be asked to reconsider under the amended law, and the court has residuary jurisdiction to appoint an arbitrator to give effect to the parties' intention to arbitrate.